DELAMERE ESTATES LIMITED V G4S SECURITY SERVICES LIMITED [2012] KEHC 1220 (KLR)
- Court
- High Court of Kenya
- Case number
- 1220
- Citation
- [2012] KEHC 1220 (KLR)
- Decided
- 12 October 2012
The court will exercise its discretion in the appellant's favour and order that this matter be set down for hearing within the next 6 months from today's date, failing which the appeal will stand dismissed.
Facts
The appeal was filed on 25/10/2007 and no steps have been taken towards its prosecution for the last 1 1⁄2 years. The court issued a Notice to Show Cause why the appeal cannot be dismissed for want of prosecution. Counsel for the appellant filed a replying affidavit stating efforts to fix the matter for hearing but were advised there were no dates available for the year 2012.
Issues
- Whether the appeal should be dismissed for want of prosecution
- Whether the court should exercise its discretion to set the matter for hearing within the next 6 months
Reasoning
The court considered the replying affidavit and oral submissions by counsel. Despite efforts to fix the matter for hearing, the appellant and their representative did not turn up. The court noted that the respondent's representative were advised that the 2012 diary was closed.
Outcome
Appeal dismissed
Orders
- Order to set the matter for hearing within the next 6 months from today's date
- Order for the appellant to bear costs of the appeal and the Notice Show Cause
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